The Nelson Mandela Foundation is arguing before the Equality Court against the gratuitous displays of the apartheid flag and wants them declared hate speech.
JOHANNESBURG - The Nelson Mandela Foundation is leading a charge against gratuitous displays of the apartheid-era South African flag.
The Foundation, along with other civil society organisations are arguing the flag is hurtful, harmful, and propagates hatred before the Equality Court.
They want the gratuitous displays of the apartheid flag declared hate speech.
Lobby group AfriForum is opposing the application saying it will infringe on freedom of expression.
Advocate Tembeka Ngcukaitobi for the NMF said, "the display if the flag from the perspective of the victims quite clear that its meaning is one of racial superiority and worse of that racial domination"
The Foundation wants the court to declare the display of the flag as hate speech, unfair discrimination, and harassment based on race.
The Human Rights Commission agrees it is hurtful but the commission isn't asking for an absolute ban.
SAHRC lawyer, professor Wim Trengove, argued, "what we are talking about does not in any way infringe on the rights of racists to have private functions in which they wave their flag."
"The order also does not preclude the exhibition of the flag in appropriate places, the apartheid museum may be one."
According to article 10 of the Equality Act, hate speech is limited to harmful words, but the commission says it should include symbols like the flag.
Afriforum doesn't agree. The hearing continues.